U.S. Citizenship and Immigration Services (USCIS) announced on Friday a major shift in immigration policy, dictating that noncitizens in the U.S. who have applied for a green card, or lawful permanent resident status, must leave the country indefinitely — even if they are in the country legally and regardless of whether they have spouses or children with citizenship.
Green card petitioners will then be required to wait for their application to be processed outside the country through consular processing via the U.S. Department of State.
USCIS said it will grant “adjustment of status” only in extraordinary circumstances, on a case-by-case basis.
The Trump administration’s position remains that when noncitizens travel into the country via student visas, tourist visas or temporary work status, they are supposed to leave once that term expires and that temporary permission to be in the U.S. should not serve as the first step toward getting a green card.
Officials claim the policy reflects the original intentions of the law, though lawsuits and litigation are expected to follow.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesperson Zach Kahler wrote in a statement. “From now on, an alien who is in the U.S. temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”
Kahler added that when noncitizens apply for a green card from their home country, it reduces the need to find and remove those who “decide to slip into the shadows” and remain in the U.S. illegally after being denied residency.